We Help Long Island Families Pay for a Lifetime of Medical Care
A catastrophic injury is one the body does not undo. Paralysis, a severe brain injury, an amputation, or a serious burn does not resolve in a course of physical therapy, and neither does the financial hole it leaves. The Saul Law Firm, LLP represents catastrophically injured people in Garden City, across Nassau and Suffolk counties, and in every New York City borough. Our Long Island personal injury attorneys build these cases around a cost that runs for decades, not a bill that ends when treatment does.
Why Long Island Families Trust The Saul Law Firm
A catastrophic injury doesn’t just change a life. It restructures a family’s finances, routines, and future for decades. Here’s why Long Island families lean on The Saul Law Firm when the stakes are this permanent:
- A family firm, not a case mill. Every case gets personalized attention, and we keep you current on where yours stands.
- More than two decades of New York injury experience. Richard D. Saul leads the firm’s personal injury practice with 25-years of experience in personal injury law.
- Peer-recognized excellence. Gail B. Saul has been named to Super Lawyers in Matrimonial and Family Law and holds Martindale-Hubbell’s AV Preeminent rating, the highest peer-review distinction in the profession. Richard D. Saul has been selected as a Super Lawyers Rising Star.
- Two practices under one roof. We also handle matrimonial and family matters, so the family fallout is not farmed out to a stranger.
- No attorney fee unless we recover. Injury claims are processed on contingency fee, and the consultation and evaluation is free. There is no attorneys fee until we win your case.
- Current on the 2026 changes. New York amended its no-fault provisions this year. We are always current on the law and apply it to each specific matter.
- Regional reach. Garden City, Nassau, Suffolk, Westchester, and all five New York City boroughs.
Whatever New York’s 2026 reforms mean for your claim, our approach stays the same. We build every file as if a jury, not an insurer, will decide it.
Injuries We Treat as Catastrophic
An injury is catastrophic when it permanently limits the ability to work, move, think, or live without help. Examples of catastrophic injuries include, but are not limited to:
- Spinal cord injuries causing paraplegia or quadriplegia.
- Traumatic brain injuries with lasting cognitive or behavioral effects.
- Amputations and crush injuries that end a trade or a career.
- Severe burns requiring grafts and long-term wound care.
- Multiple fractures and organ damage that never return to baseline.
- Permanent blindness, deafness, or other sensory loss.
Common causes of catastrophic injuries include motor vehicle crashes on the Long Island Expressway and the parkways, construction falls, truck collisions, and pedestrian strikes. The common thread is a medical picture still changing when the insurer wants a number.
The New York Rules That Decide a Catastrophic Injury Claim
Two rules do most of the work here, and both are widely described in outdated terms.
In most motor vehicle cases, New York attempts to limit recovery for pain and suffering. The limit runs between people the no-fault law calls covered persons. That group includes the owner, operator, or occupant of a vehicle carrying the insurance New York requires, and it takes in a pedestrian struck by such a vehicle, whether or not the pedestrian carries a policy. The limit also reaches claims brought against an insured motorcyclist.
To recover for non-economic loss, you must have a serious injury, and the state’s statutory definition sets out the qualifying categories. They are:
- Death
- Dismemberment
- Significant disfigurement
- A fracture
- The loss of a fetus
- Permanent loss of use of a body organ, member, function, or system
- Permanent consequential limitation of use of a body organ or member
- Significant limitation of use of a body function or system
A catastrophic injury ordinarily satisfies more than one of these categories at once.
Fault is the rule that changed. New York has long provided that a claimant’s share of responsibility reduces an award in proportion to that share rather than defeating the claim. A 2026 amendment to the section governing the effect of a claimant’s share of fault carved out an exception for personal injury actions subject to the no-fault law, which covers most motor vehicle claims.
In that category, a claimant whose culpable conduct is greater than that of the party or parties sued is now barred from recovering. Outside of auto claims, in a fall on a badly maintained property or a defective product case, partial fault still reduces a recovery in proportion instead of ending it. These changes are recent. The new fault rule applies to cases filed on or after May 26, 2026, so even an older accident can fall under it if the lawsuit has not yet been filed. An older claim should be reviewed before anyone assumes which rule applies.
The Deadlines That Can End a Catastrophic Injury Case
These cases are the likeliest to miss a deadline, because the family is managing a medical crisis while the clock runs. Deadlines include:
- Three years for most personal injury lawsuits, generally measured from the date of injury and subject to statutory exceptions.
- Two years and six months for medical malpractice, running from the act or omission complained of, or from the last treatment in a continuing course of treatment for the same condition.
- Two years, generally, for a wrongful death action, brought by the personal representative of the estate and measured from the date of death.
- 90 days for a notice of claim when a city, county, town, village, fire district, or school district is responsible. In a wrongful death case, those 90 days run from the appointment of the estate’s representative.
- One year and 90 days to commence the lawsuit against those government entities, or two years where the death is the claim.
- Separate statutes for transit authorities and the State. A claim against the Metropolitan Transportation Authority or the New York City Transit Authority still takes a notice of claim under the municipal statute, and the Public Authorities Law sets a separate commencement deadline for each authority. A claim against the State goes to the Court of Claims, where the claim, or a written notice of intention to file one, is generally due within 90 days of accrual.
- A separate prior written notice requirement can apply where the hazard was a defective street, highway, bridge, culvert, sidewalk, or crosswalk, or snow and ice on it.
These dates are general. In certain situations, the time frame could be shorter. A court may allow a late notice of claim, but that relief is discretionary and cannot stretch past the limitations period. Treat the 90-day window as firm. It is one reason wrongful death and public-entity cases need a lawyer early.
Schedule a Free Consultation With a Long Island Catastrophic Injury Attorney
Evidence disappears quickly. Vehicles are repaired, hazards are fixed, video is overwritten, and witnesses move. Contact our Garden City office to book a free, confidential consultation. Let our family help your family.
Frequently Asked Questions
What makes an injury catastrophic under New York law?
New York’s no-fault statute defines serious injury, not catastrophic injury. The word describes severity and permanence, not a filing category. Legally, what matters is whether the harm fits a statutory category; permanent loss of use, significant limitation of a body function or system, or significant disfigurement all qualify.
How long do I have to bring a catastrophic injury claim?
Generally, three years from the date of injury, or two years from the date of death for a wrongful death claim. Public entities are different. If a school district, town, or county is involved, you generally must file a notice of claim within 90 days, and you must file the lawsuit within one year and 90 days, or two years if the claim is for death.
Can I still recover if I was partly at fault?
Usually yes, though the answer now depends on the kind of case. In most claims, including premises liability and product liability cases, your share of fault reduces what you recover rather than barring it. In a motor vehicle claim governed by the no-fault law, a 2026 change bars recovery if your share of fault is greater than that of the party, or the combined parties, you are suing.